New H1B procedures for 2020: Possible fallout for US employers

The United States Citizenship and Immigration Services (USCIS) has launched its new H1B visa cap registration system for employers recently. The new system which is functional from March 1 to US employers is the first step in their attempt to sponsor skilled foreign workers for a Viza H1B in the 2021 fiscal year. The registration will close on March 20.

 Features of the system:

To create an account employer will have to visit the USICS website and set up an account. They can designate an employer to open the account on their behalf. Employers can create multiple accounts. The online application fees is USD 10.

The USCIS will examine all the registrations to check for duplicates before the lottery.

Even though there will be no limit on the number of registrations, each will be limited to only 250 beneficiaries.

There will be no restriction on the number of foreign workers an organization can register for the lottery. This is based on the condition that the organization proves that it has a legitimate need to register every foreign national for the lottery.

The electronic version of every registration must be signed and accompanied by the Form G-28.

The USCIS will give a unique passcode to help employers review, approval and electronic signing of the Form G-28.

 Visa lotteries:

The USCIS will conduct two cap lotteries between March 20  and 31. In the first lottery, all the registered H1B beneficiaries will be included to meet the visa cap of 65,000 while the second lottery will include all the beneficiaries who were not selected in the first round and also meet the 20,000 H1B exemption cap for US advanced degree holders.

The registered employers will receive the lottery results by March 31.

What could be the possible fallout of the new rules?

The online application fees of USD 10 will lead to a greater number of applications, only those who are selected will have to pay the prescribed fees.

With the number of applications increasing the likelihood of success becomes low. More people applying for the limited cap reduces the chances of gaining a Viza H1B. There are only 85,000 visas available at present. This means longer wait times for tech companies in the US to sponsor the H1B workers that they need. Also, those who are successful in getting a H1B visa cannot start work before October 1, 2020.

The new system is likely to cause delays in processing because it has not been tested before.

Companies will have to shell out extra money if there is a delay in processing the visas.

new H1B visa rules introduced by the US government is expected to impact US employers who are looking at hiring foreign workers from outside the country.

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